SR-6-C (120)
.- 6-c-
':.- -.s
nFf J 4~~1
to.. ~_; . "'4'..1
LUTM:PB:DKW:DM/DMCCSTOA.PCWORD.PLAN Santa Monica, California
Council Mtg: December 3, 1991
TO: Mayor and city Council
FROM: City staff
SUBJECT: Certification of Statement of Official Action for
Appeal of Conditional Use Permit 91-007.
INTRODUCTION
This report transmits for City Council certification the
statement of Official Action for the denial of an appeal of the
above listed Conditional Use Permit to allow the expansion of an
existing restaurant/dance club at 1360 3rd Street Promenade.
After consideration of the appeal at a public hearing and careful
review of the record and staff recommendation, the city council
denied the appeal and upheld the Planning Commission denial of
the Conditional Use Permit on October 3, 1991.
RECOMMENDATION
It is respectfully recommended that the City council approve the
attached Statement of Official Action, which contains findings
for denial of Conditional Use Permit 91-007.
Prepared by: Paul Berlant, Director of Land Use and
Transportation Management
D. Kenyon Webster, Planning Manager
David Martin, Associate Planner
Attachment: A. statement of Official Action dated lO/03/91
DM
PC/DMCCSTOA
1l/14/91 (;
.,t,
- 1 - !)~ .-
. -- <..- .
. -'
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 9l-007
LOCATION: 1360 3rd street Promenade
APPLICANT: JWS Investment, Inc.
CASE PLANNER: David Martin, Associate Planner
REQUEST: Appeal of a Planning Commission Denial of a
Conditional Use Permit to Allow the Expansion
of an Existing Restaurant/Dance Club.
CITY COUNCIL ACTION
10/02/91 Date.
Approved based on the following findings and
subject to the conditions below.
XX Appeal Denied, Planning commission Denial Upheld
Other.
EFFECTIVE DATE OF ACTION:
10/02/91 Case #CUP 91-007
FINDINGS
l. The proposed use and location may not be in accordance
with good zoning practice, in the public interest, and
necessary that substantial justice be done in that the
expansion of the existing establishment may result in an
over concentration of activity at the subject location.
2. The proposed use may not be compatible with existing and
potential uses within the general area; traffic or parking
congestion may result; the public health, safety, and
general welfare may not be protected; and harm to
adjacent properties may result in that the intersection of
Santa Monica Boulevard and Third Street Promenade
currently has thirteen alcohol outlets either operating or
under construction and the concentration of these
facilities may represent a potential for problems
associated with an over concentration of activity and
alcohol outlets.
- 1 -
--- - -------
I hereby agree to the above conditions of approval and
acknowledge that failure to comply with such conditions shall
constitute grounds for potential revocation of the permit
approval.
Applicant's Signature
Print Name and Title
PC/STOA1360
DM
- 3 -
3. The welfare of neighborhood residents may be adversely
affected in that the Third street Mall Specific Plan area
is intended to be a mixed use district and an over
concentration of alcohol outlets and activity may detract
from the mixed use nature of the area.
4. The change in the license may contribute to an undue
concentration of alcohol outlets in the area in that the
intersection of Santa Monica Boulevard and Third street
Promenade currently has thirteen establishments with
alcohol outlets either operating or under construction.
5. There may be a detrimental affect on nearby residentially
zoned neighborhoods considering the distance of the
alcohol outlet to residential buildings, churches,
schools, hospitals, playgrounds, parks, and other existing
alcohol outlets in that in the immediate vicinity of the
subject location there are currently thirteen alcohol
outlets either operating or under construction and in that
any conditions for approval may not adequately minimize
the potential affect on the nearby residential uses.
VOTE
Ayes: Genser, Holbrook, Olsen, vazquez, Zane, Abdo
Nays:
Abstain:
Absent: Katz
NOTICE
If this is a final decision not subject to further appeal under
the City of Santa Monica Comprehensive Land Use and zoning Or-
dinance, the time within which jUdicial review of this decision
must be sought is governed by Code of civil Procedure section
1094.6, which provision has been adopted by the City pursuant to
Municipal Code section 1400.
I hereby certify that this statement of Official Action accurate-
ly reflects the final determination of the city council of the
City of Santa Monica.
~~:/ ;;L~ /~-~-~/
Csignature 'I date
Clarice E.Dykhouse, City Clerk
Please Print Name and Title
- 2 -
----- ---